Troika Estates Pvt.Ltd v. The Income Tax Appellate Tribunal And 2 ORS

34-WP-2984-17.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2984 OF 2017 Troika Estates Pvt.Ltd.

...Petitioner

Versus

The Income Tax Appellate Tribunal & Ors.

...Respondents

---------- Ms. Vasanti Patel, for the Petitioner.

Mr. P.C. Chhotaray, for the Respondents.

---------- CORAM :

M.S. SANKLECHA & RIYAZ I. CHAGLA, JJ.

DATE : 1 February 2018 ORDER :

1.

Heard Ms. Patel, learned Counsel appearing for the Petitioner.

2.

This Petition challenges the order dated 17 March 2017 passed by the Income Tax Appellate Tribunal rejecting the 1/2

34-WP-2984-17.doc Petitioner's Miscellaneous Application for rectification of the order dated 3 February 2016 passed by the Tribunal. 3.

Ms. Patel very fairly points out that the Petitioner has filed an Appeal being the Income Tax Appeal No. 1652 of 2016 from the order dated 3 February 2016 of the Tribunal. In the Appeal so filed, questions have been raised regarding the mistakes in impugned order dated 3 February 2016. However, the Petition has been filed as the Respondents are threating to implement the order dated 3 February 2016 of the Tribunal. 4.

In the above view, she is allowed to withdraw this Petition with liberty to file Notice of Motion in the pending Income Tax Appeal No. 1652 of 2016 and seek appropriate reliefs therein.

5.

In the above view, the Writ Petition is disposed of as withdrawn, with the above liberty.

[RIYAZ I. CHAGLA J.] [M.S. SANKLECHA, J.] 2/2